Terms of Use
Terms of Use
Terms of Use
1. Introduction; Your Agreement to these Terms of Use
Please read these Terms of Use carefully. This is a binding contract.
Welcome to the services operated by REFINEMENT AI PTE. LTD. (together with its affiliates, "REFINEMENT"), which include the mobile applications and any other products or services offered by REFINEMENT (the "BuddIn Services"). Other services provided by REFINEMENT may be subject to separate terms.
When using the BuddIn Services, the User must comply with any additional guidelines or rules that apply to specific services and features ("Guidelines") that REFINEMENT may publish online from time to time. REFINEMENT may also offer certain paid services, which are subject to additional terms or conditions that will be disclosed to you in connection with those services. All such terms and guidelines are incorporated by reference into these Terms of Use.
By clicking "accept," you agree to these Terms of Use and all the various terms in the Guidelines. If you do not understand any part of these Terms, you should seek legal advice before agreeing to any of the Terms of Use.
You acknowledge and understand that when using the BuddIn Services, you may be exposed to content from various sources. We are not responsible for the accuracy, usefulness, safety, or intellectual property rights related to such content.
Additionally, you understand and acknowledge that you may encounter content that is inaccurate, indecent, or objectionable. By using the BuddIn Services, you waive any legal or equitable rights or remedies you may have against the BuddIn Services regarding such content. You agree to indemnify and hold harmless REFINEMENT, its site operator, parent corporation, affiliates, licensors, service providers, officers, directors, employees, agents, successors, and assigns, to the fullest extent permitted by law in relation to your use of the BuddIn Services.
2. Use of BuddIn Services by Minors and Blocked Persons
Persons under the age of 18 are prohibited from using the BuddIn Services. However, due to varying age requirements in different countries, we may implement access restrictions in accordance with those specific regulations.
If you are between the age of 18 and the legal age of majority in your jurisdiction, you may use the BuddIn Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.
3. Paid Services
Some of the BuddIn Services we provide require payment ("Paid Services"). When you use such Paid Services, you are required to pay the corresponding fees. We will notify you in advance if any BuddIn Services that you will or may use under these Terms of Use are paid services. Access to Paid Services is contingent upon your confirmation of consent and payment of the fees associated with such Paid Services. For the avoidance of doubt, we are under no obligation to provide you with any Paid Services if you do not pay the required fees.
Paid Services may be purchased via credit card or, if available, debit card, and processed through our third-party internet payment service provider. By purchasing any Paid Services through the BuddIn Services, you agree to be bound by the customer terms and conditions and privacy policies of the third-party internet payment service providers, and acknowledge that we have no control over such terms and policies. If you do not agree to the customer terms and conditions or privacy policies of such third-party internet payment service providers, please refrain from purchasing any services. All purchases must be paid in advance. We offer different packages for you to choose from. We reserve the right to change the price of the services at any time at our sole discretion, without liability to you. If your account is deleted by you or otherwise terminated in accordance with these Terms of Use, your account will become inaccessible to any purchased Paid Services.
Payments are nonrefundable, and there are no refunds or credits for partially used periods.
We reserve the right (but not the obligation), at our sole discretion, to refund the purchased amount if there is a technical error with the purchased service.
4. Assessing the BuddIn Services, Account, and Security
If you interact with us or with third-party service providers and provide information, including account details, credit card information, or other payment details, you guarantee that all information you provide is accurate, complete, and current. Furthermore, you guarantee that you have reviewed, or will review, all policies and agreements applicable to the use of third-party services. If you use BuddIn Services via mobile data, you acknowledge and understand that your carrier's standard rates and fees, such as excess broadband charges, may apply.
To register for an account, you will be required to provide certain information, such as a mobile phone number and a password. Ownership of this account remains with BuddIn Services, and you are granted the right to use it. BuddIn Services prohibits the gifting, borrowing, renting, transferring, or selling of accounts. You are solely responsible for any resulting liabilities, and BuddIn Services reserves the right to take action against individuals involved in such activities.
BuddIn Services may allow you to register and log in through certain third-party services. The collection, use, and disclosure of your information by a third party will be governed by the privacy policy of that service provider. For more details on how we collect, use, and disclose your personal information when you link your BuddIn Services account with an account from any third-party service, please refer to our Privacy Policy.
You are solely responsible for maintaining the confidentiality of your account and password, for restricting access to your computer, and for all activities that occur under your account or password. You acknowledge that your account is personal to you and agree not to grant access to BuddIn Services or any part of it to any other person using your username, password, or other security details. You agree to notify us immediately of any unauthorized access or use of your username, password, or any other breach of security by contacting us at: buddin_support@refpte.com
You should exercise particular caution when accessing your account from a public or shared computer to ensure that others cannot view or record your password or other personal information. Although BuddIn Services will not be liable for losses arising from unauthorized use of your account, you may be held liable for losses incurred on BuddIn Services or elsewhere resulting from such unauthorized use.
We reserve the right, at our sole discretion, to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time for any reason, including if we believe you have violated any of these Terms of Use.
You acknowledge and agree that we reserve the right to charge fees for BuddIn Services at our sole discretion.
5. Respecting Copyright
BuddIn respects the intellectual property rights of others and adheres to the requirements set forth by relevant laws. If you are the copyright owner or its agent and believe that content posted on the BuddIn Services infringes your copyright, please submit a notice to us at buddin_support@refpte.com
6. Trademark and License
We and our associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names, and logos used on or through the BuddIn Services, such as those associated with third-party content creators, are the trademarks, service marks, or logos of their respective owners. You are not granted any rights or licenses to any such trademarks, service marks, or logos.
The websites and certain materials available on or through the BuddIn Services are content that we own, have authored, created, purchased, or licensed (collectively, our "Works"). Our Works may be protected by copyright, trademark, patent, trade secret, and/or other laws, and we reserve and retain all rights in our Works and BuddIn Services.
Unless otherwise expressly stated in writing by BuddIn Services, by agreeing to these Terms of Use, you are granted a limited, revocable, non-sublicensable, and non-exclusive license (i.e., a personal and limited right) to access and use the BuddIn Services for your personal use or internal business use only. You are prohibited from copying, displaying, downloading, modifying, reproducing, adapting, translating, decompiling, reverse engineering, disassembling, attempting to derive source code from, or creating any derivative works of any Works, or directly or indirectly publishing, performing, rewriting, or republishing any Works without prior written consent from us.
The above-described license is conditioned on your compliance with these terms of use. If you breach any provision of these Terms of Use, any license you have obtained in relation to the BuddIn Service will be automatically rescinded and terminated. In order to protect our rights, some content made available on the BuddIn Services may be controlled by digital rights management technologies, which will restrict how you may use the content. You must not circumvent, remove, delete, disable, alter, or otherwise interfere with any digital rights management technology.
You hereby agree that BuddIn and/or its licensees shall have the right to use your name (including your real name, stage name, in-app name, or nickname), voice, signature, likeness, identity, persona, ID (provided by you), BuddIn Services ID, promotional slogan, or any biographical material concerning you ("Image Rights") for marketing and commercial purposes in connection with the promotion of you and/or BuddIn Services, including ancillary products, throughout the world, in all media for the duration of your use of BuddIn Service. If and to the extent such assets are created, produced, or manufactured during your use of BuddIn Services, the aforementioned rights to your Image Rights shall continue for such assets in perpetuity. You agree to waive any right of inspection or approval with respect to any materials created or used by BuddIn.
7. User-Generated Content
We allow users to distribute pre-recorded audiovisual works and utilize BuddIn Services, such as chat, bulletin boards, forum postings, voice interactive services, and participate in other activities where you may create, post, transmit, perform, or store content, messages, text, sound, images, applications, code, or other data or materials on the BuddIn Services ("User Generated Content" or "UGC").
Unless otherwise agreed to in a written agreement between you and REFINEMENT, signed by an authorized representative of REFINEMENT, by publishing, posting, displaying, submitting, and/or uploading any UGC in connection with the BuddIn Services, you grant REFINEMENT and its sub-licensees the permission, free, permanent, irrevocable, non-exclusive, and fully sublicensable rights and license, without any territorial or time limitations and without requiring any approvals or compensation, to use, copy, modify, adapt, publish, translate, edit, dispose of, create derivative works of, distribute, perform, and publicly display such UGC (in whole or in part), and/or incorporate such UGC into existing or future forms of work, media, or technology.
With respect to UGC, the rights granted by you will terminate once you delete such UGC from the BuddIn Services or close your account, except for (a) uses for promotional purposes; and (b) the reasonable time required to remove it from backup and other systems.
You shall be solely responsible for your UGC and the consequences of posting, uploading, publishing, transmitting, or otherwise making your UGC available on the BuddIn Services. You understand and acknowledge that you are responsible for any UGC you submit or contribute, and you, not us, have full responsibility for such UGC, including its legality, reliability, accuracy, and appropriateness. We are not responsible, nor liable to any third party, for the content or accuracy of any UGC made available by you or any other user of the BuddIn Services. We do not control the UGC you provide or contribute, nor do we make any guarantees related to UGC submitted or contributed by users. Although we occasionally review UGC provided or contributed by users, we are not obligated to do so. Under no circumstances will we be liable or responsible for any claim related to UGC provided or contributed by users.
You further agree that the UGC you provide to the BuddIn Services will not contain third-party copyrighted material or material subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to provide the material and grant to the BuddIn Services all of the license rights granted herein.
The BuddIn Services do not endorse any UGC by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and the BuddIn Services expressly disclaim any and all liability in connection with UGC.
8. Third-Party Content
In addition to the User Generated Content, the BuddIn Service may provide other third-party content on the BuddIn Services (collectively, the "Third-Party Content"). REFINEMENT does not control or endorse any Third-Party Content and makes no representations or warranties of any kind regarding the Third-Party Content, including, without limitation, its accuracy or completeness. Please be aware that we do not create, update, or monitor Third-Party Content. Therefore, we are not responsible for any Third-Party Content on the BuddIn Services.
You are responsible for deciding whether you wish to access or use third-party websites or applications that link from the BuddIn Services (the "Reference Sites"). REFINEMENT does not control or endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites, and makes no representations or warranties of any kind regarding the Reference Sites. Additionally, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the BuddIn Services are solely between you and such advertiser. Accessing and using Reference Sites, including the information, materials, products, and services on or available through Reference Sites, is solely at your own risk.
9. Idea Submission
By submitting ideas, suggestions, documents, and/or proposals to REFINEMENT or BuddIn Services or their employees ("Submissions"), you acknowledge and agree that REFINEMENT or BuddIn Services has the right to use or disclose such Submissions in any manner and for any purpose. No compensation or credit will be provided to you.
10. Prohibited Conduct
You agree to use the BuddIn Services solely for lawful purposes as expressly permitted and contemplated by these terms of use. You may not use the BuddIn Services for any other purposes, including commercial purposes, without obtaining prior written consent from us.
You agree to view the BuddIn Services and its content without alteration or modification. You acknowledge and understand that you are prohibited from modifying the BuddIn Services or removing any content within the BuddIn Services.
You agree not to use or attempt to use any method, device, software, or routine to harm others or interfere with the functioning of the BuddIn Services, or to use and/or monitor any information within or related to the BuddIn Services for any unauthorized purpose. Specifically, you agree not to use the BuddIn Services to:
(1) Violate any law (including, without limitation, laws related to torts, contracts, patents, trademarks, trade secrets, copyrights, defamation, obscenity, pornography, rights of publicity, or other rights) or encourage or provide instructions to others to do so;
(2) Post any content that depicts any person under 18 years of age, including CSEA (Child Sexual Exploitation and Abuse) and CSAM (Child Sexual Abuse Material). Should such activities be detected, we will take strict action against the responsible accounts, including potential collaboration with relevant government authorities. You can review our protective measures for minors in our "Child Safety Standards Policy";
(3) Post any content containing falsehoods or misrepresentations that could damage the BuddIn Services or any third party;
(4) Post any content that is obscene, illegal, unlawful, defamatory, libelous, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
(5) Post any content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of unauthorized solicitation;
(6) Post any content containing copyrighted materials, or materials protected by other intellectual property laws, that you do not own or for which you have not obtained all necessary written permissions and releases;
(7) Deploy or use programs, software, or applications designed to harm, interfere with the operation of, or access in an unauthorized manner, services, networks, servers, or other infrastructure;
(8) Exceed your authorized access to any portion of the BuddIn Services;
(9) Collect or store personal data about anyone;
(10) Obtain or attempt to access, or otherwise obtain, any content or information through any means not intentionally made available or provided for through the BuddIn Services;
(11) Exploit errors in design, undocumented features, and/or bugs to gain access that would otherwise not be available;
(12) Use any robot, spider, or other automatic device, process, or means to access the BuddIn Services for any purpose, including monitoring or copying any material on the BuddIn Services without our prior written consent;
(13) Use any manual process to monitor or copy any material on the BuddIn Services or for any other unauthorized purpose without our prior written consent;
(14) Introduce or upload any viruses, Trojan horses, worms, logic bombs, time bombs, cancelbots, corrupted files, or any other similar software, program, or material that is malicious, technologically harmful, or that may damage the operation of another’s property or the BuddIn Services; or
(15) Remove any copyright or other proprietary notices from the BuddIn Services or any of the materials contained therein.
11. Content Review and Termination
We reserve the right to:
(1) Remove any User-Generated Content (UGC) you provide or contribute to the BuddIn Services for any reason or no reason, at our sole discretion.
(2) Take any action regarding any UGC you provide that we deem necessary or appropriate at our sole discretion, including if we believe that such UGC violates these terms of use, infringes any intellectual property rights or other rights of any person or entity, threatens the personal safety of users of the BuddIn Services or the public, or could create liability for us.
(3) Take appropriate legal action, including, but not limited to, referral to law enforcement, for any illegal or unauthorized use of the BuddIn Services.
(4) Terminate or suspend your access to all or part of the BuddIn Services for any reason or no reason, including, but not limited to, any violation of these terms of use.
(5) Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court orders requesting or directing us to disclose the identity or other information of anyone providing any UGC on or through the BuddIn Services.
To maintain our services in a manner we deem appropriate for our venue and to the maximum extent permitted by applicable law, the BuddIn Services may, but are not obligated to, review, monitor, display, reject, refuse to post, store, maintain, accept, or remove any UGC posted by you. We may, at our sole discretion, delete, move, reformat, remove, or refuse to post or otherwise use UGC without notice or any liability to you or any third party in connection with our operation of the BuddIn Services in an appropriate manner. This may be done, without limitation, to address UGC that we believe is offensive, obscene, violent, harassing, threatening, abusive, illegal, or otherwise objectionable or inappropriate, or to enforce the rights of third parties, these terms of use, or any applicable additional terms.
However, we do not undertake to review UGC before it is posted on the BuddIn Services and cannot ensure the prompt removal of objectionable UGC after it has been posted. Therefore, we assume no liability for any action or inaction regarding transmissions, communications, or UGC provided by any user or third party.
12. Modification
BuddIn reserves the right to modify any provision of these Terms of Use by posting the updated Terms. Your continued use of the BuddIn Services after the effective date of the revised Terms of Use (as indicated by the date of the last revision) constitutes your acceptance of the revised Terms.
13. Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the BuddIn Services, their site operator, their parent corporation, their respective affiliates, licensors, service providers, officers, directors, employees, agents, successors, and assigns from and against any and all claims, damages, judgments, awards, obligations, losses, liabilities, costs, or debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the BuddIn Services; (ii) your violation of any term of these terms of use; (iii) your violation of any third-party right, including, without limitation, any copyright, property, or privacy right; or (iv) any claim that your UGC caused damage to a third party. This defense and indemnification obligation will survive these terms of use and your use of the BuddIn Services. You agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
14. Disclaimers
You use the BuddIn Services at your sole risk. We provide the BuddIn Services "as is" and "as available." To the fullest extent permitted by law, BuddIn Services, their site operator, and their respective officers, directors, employees, and agents expressly disclaim all warranties of any kind related to the BuddIn Services and goods or services purchased and obtained through the BuddIn Services, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You will be solely responsible for any damage to your computer system or loss of data that results from your use of the BuddIn Services.
We make no warranty or representation about the accuracy or completeness of the BuddIn Services’ content or the content of any sites linked to the BuddIn Services or that the BuddIn Services will meet your requirements and assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage of any nature whatsoever, resulting from your access to and use of the BuddIn Services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the BuddIn Services or our services by any third party, and/or (v) any errors or omissions in any UGC or for any loss or damage of any kind incurred as a result of the use of any UGC posted, emailed, transmitted, or otherwise made available via the BuddIn Services or our services; and (vi) disputes between you and another user of the BuddIn Services.
15. Limitation of Liability
Notwithstanding anything to the contrary contained herein, BuddIn’s cumulative liability to you arising from any cause whatsoever, and regardless of the form of the action, will at all times be limited to the charges (if any) paid by you. If no amounts were paid, you shall not be entitled to any monetary or equivalent remedy.
In no event shall we be liable to you for any incidental, indirect, punitive, statutory, exemplary, expectation, special, or consequential damages whatsoever (including damages for loss of profit, loss of goodwill, interruption, loss of business information, or any other financial loss) in association with any individual or class-action claim, or any loss, damage, action, suit, or other proceeding relating to or arising under or out of the terms of use, even if we have been notified of the possibility of such damages, whether the action is founded upon contract, infringement of intellectual property rights, tort, negligence, or other grounds.
You specifically acknowledge that the BuddIn services shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party, and that the risk of harm or damage from the foregoing rests entirely with you.
The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You agree not to file any lawsuit or proceeding inconsistent with the foregoing liability limitations.
16. Limitation on Time to File Claims
Regardless of any statute or law to the contrary, any cause of action or claim you may have arising out of or relating to these terms of use or the BuddIn services must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
17. Choice of Law and Dispute Resolution
These terms shall be governed by and construed in accordance with the laws of Japan, without regard to its conflict of law principles. In the event a dispute arises between the parties in connection with these terms of use, the parties shall first attempt to resolve the dispute through amicable consultations. If, however, the dispute remains unresolved within thirty (30) days following the initiation of such consultations, the parties agree that the dispute shall be submitted to the Japan International Arbitration Center in accordance with its rules in force at the time of filing for arbitration. The place of arbitration shall be Japan, and the arbitration will be conducted by a sole arbitrator. The language of arbitration will be English, and the arbitral award shall be final and binding upon both parties.
Notwithstanding any applicable rules of confidentiality or similar provisions in the arbitration rules, the parties agree to keep confidential all information related to the arbitration, including, but not limited to, the existence of the arbitration proceedings (or the potential for such proceedings), the proceedings themselves, all statements made during the proceedings, all documents and other information submitted by the parties in connection with the proceedings, all documents and information issued by the arbitrator and/or the arbitration center, and the arbitral award.
18. Miscellaneous
Failure to exercise or enforce any right or provision of these terms of use will not constitute a waiver of such right or provision. Any waiver of a provision of these terms of use will be effective only if it is in writing and signed by the relevant party.
If any provision of these terms of use is found to be unlawful, void, or unenforceable for any reason, that provision will be limited or eliminated to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
These terms of use, along with any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by BuddIn without restriction. Any attempted assignment in violation of these terms of use shall be void.
Upon termination of these terms of use, any provision that by its nature or express terms should survive, will remain in effect after such termination or expiration.
The terms of use, our Privacy Policy, and any documents that explicitly incorporate them by reference, constitute the entire agreement between you and us regarding the BuddIn Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the BuddIn Services.
The headings in these terms of use are for convenience only and have no legal or contractual effect.
No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is created by these terms of use.
We may terminate these terms of use at any time for any reason, or for no reason, by notifying you via a notice on the BuddIn Services, by email, or through any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder. Upon termination of these terms of use, you will no longer have access to your account or your UGC. We will not be obligated to assist you in migrating your data or UGC, and we may not retain any backup of your UGC. We will not be responsible for the deletion of your UGC. Note that even if your UGC is removed from our active servers, it may remain in our archives (but we have no obligation to archive or back up your UGC), and it is subject to the licenses set forth in these terms of use.
1. Introduction; Your Agreement to these Terms of Use
Please read these Terms of Use carefully. This is a binding contract.
Welcome to the services operated by REFINEMENT AI PTE. LTD. (together with its affiliates, "REFINEMENT"), which include the mobile applications and any other products or services offered by REFINEMENT (the "BuddIn Services"). Other services provided by REFINEMENT may be subject to separate terms.
When using the BuddIn Services, the User must comply with any additional guidelines or rules that apply to specific services and features ("Guidelines") that REFINEMENT may publish online from time to time. REFINEMENT may also offer certain paid services, which are subject to additional terms or conditions that will be disclosed to you in connection with those services. All such terms and guidelines are incorporated by reference into these Terms of Use.
By clicking "accept," you agree to these Terms of Use and all the various terms in the Guidelines. If you do not understand any part of these Terms, you should seek legal advice before agreeing to any of the Terms of Use.
You acknowledge and understand that when using the BuddIn Services, you may be exposed to content from various sources. We are not responsible for the accuracy, usefulness, safety, or intellectual property rights related to such content.
Additionally, you understand and acknowledge that you may encounter content that is inaccurate, indecent, or objectionable. By using the BuddIn Services, you waive any legal or equitable rights or remedies you may have against the BuddIn Services regarding such content. You agree to indemnify and hold harmless REFINEMENT, its site operator, parent corporation, affiliates, licensors, service providers, officers, directors, employees, agents, successors, and assigns, to the fullest extent permitted by law in relation to your use of the BuddIn Services.
2. Use of BuddIn Services by Minors and Blocked Persons
Persons under the age of 18 are prohibited from using the BuddIn Services. However, due to varying age requirements in different countries, we may implement access restrictions in accordance with those specific regulations.
If you are between the age of 18 and the legal age of majority in your jurisdiction, you may use the BuddIn Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.
3. Paid Services
Some of the BuddIn Services we provide require payment ("Paid Services"). When you use such Paid Services, you are required to pay the corresponding fees. We will notify you in advance if any BuddIn Services that you will or may use under these Terms of Use are paid services. Access to Paid Services is contingent upon your confirmation of consent and payment of the fees associated with such Paid Services. For the avoidance of doubt, we are under no obligation to provide you with any Paid Services if you do not pay the required fees.
Paid Services may be purchased via credit card or, if available, debit card, and processed through our third-party internet payment service provider. By purchasing any Paid Services through the BuddIn Services, you agree to be bound by the customer terms and conditions and privacy policies of the third-party internet payment service providers, and acknowledge that we have no control over such terms and policies. If you do not agree to the customer terms and conditions or privacy policies of such third-party internet payment service providers, please refrain from purchasing any services. All purchases must be paid in advance. We offer different packages for you to choose from. We reserve the right to change the price of the services at any time at our sole discretion, without liability to you. If your account is deleted by you or otherwise terminated in accordance with these Terms of Use, your account will become inaccessible to any purchased Paid Services.
Payments are nonrefundable, and there are no refunds or credits for partially used periods.
We reserve the right (but not the obligation), at our sole discretion, to refund the purchased amount if there is a technical error with the purchased service.
4. Assessing the BuddIn Services, Account, and Security
If you interact with us or with third-party service providers and provide information, including account details, credit card information, or other payment details, you guarantee that all information you provide is accurate, complete, and current. Furthermore, you guarantee that you have reviewed, or will review, all policies and agreements applicable to the use of third-party services. If you use BuddIn Services via mobile data, you acknowledge and understand that your carrier's standard rates and fees, such as excess broadband charges, may apply.
To register for an account, you will be required to provide certain information, such as a mobile phone number and a password. Ownership of this account remains with BuddIn Services, and you are granted the right to use it. BuddIn Services prohibits the gifting, borrowing, renting, transferring, or selling of accounts. You are solely responsible for any resulting liabilities, and BuddIn Services reserves the right to take action against individuals involved in such activities.
BuddIn Services may allow you to register and log in through certain third-party services. The collection, use, and disclosure of your information by a third party will be governed by the privacy policy of that service provider. For more details on how we collect, use, and disclose your personal information when you link your BuddIn Services account with an account from any third-party service, please refer to our Privacy Policy.
You are solely responsible for maintaining the confidentiality of your account and password, for restricting access to your computer, and for all activities that occur under your account or password. You acknowledge that your account is personal to you and agree not to grant access to BuddIn Services or any part of it to any other person using your username, password, or other security details. You agree to notify us immediately of any unauthorized access or use of your username, password, or any other breach of security by contacting us at: buddin_support@refpte.com
You should exercise particular caution when accessing your account from a public or shared computer to ensure that others cannot view or record your password or other personal information. Although BuddIn Services will not be liable for losses arising from unauthorized use of your account, you may be held liable for losses incurred on BuddIn Services or elsewhere resulting from such unauthorized use.
We reserve the right, at our sole discretion, to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time for any reason, including if we believe you have violated any of these Terms of Use.
You acknowledge and agree that we reserve the right to charge fees for BuddIn Services at our sole discretion.
5. Respecting Copyright
BuddIn respects the intellectual property rights of others and adheres to the requirements set forth by relevant laws. If you are the copyright owner or its agent and believe that content posted on the BuddIn Services infringes your copyright, please submit a notice to us at buddin_support@refpte.com
6. Trademark and License
We and our associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names, and logos used on or through the BuddIn Services, such as those associated with third-party content creators, are the trademarks, service marks, or logos of their respective owners. You are not granted any rights or licenses to any such trademarks, service marks, or logos.
The websites and certain materials available on or through the BuddIn Services are content that we own, have authored, created, purchased, or licensed (collectively, our "Works"). Our Works may be protected by copyright, trademark, patent, trade secret, and/or other laws, and we reserve and retain all rights in our Works and BuddIn Services.
Unless otherwise expressly stated in writing by BuddIn Services, by agreeing to these Terms of Use, you are granted a limited, revocable, non-sublicensable, and non-exclusive license (i.e., a personal and limited right) to access and use the BuddIn Services for your personal use or internal business use only. You are prohibited from copying, displaying, downloading, modifying, reproducing, adapting, translating, decompiling, reverse engineering, disassembling, attempting to derive source code from, or creating any derivative works of any Works, or directly or indirectly publishing, performing, rewriting, or republishing any Works without prior written consent from us.
The above-described license is conditioned on your compliance with these terms of use. If you breach any provision of these Terms of Use, any license you have obtained in relation to the BuddIn Service will be automatically rescinded and terminated. In order to protect our rights, some content made available on the BuddIn Services may be controlled by digital rights management technologies, which will restrict how you may use the content. You must not circumvent, remove, delete, disable, alter, or otherwise interfere with any digital rights management technology.
You hereby agree that BuddIn and/or its licensees shall have the right to use your name (including your real name, stage name, in-app name, or nickname), voice, signature, likeness, identity, persona, ID (provided by you), BuddIn Services ID, promotional slogan, or any biographical material concerning you ("Image Rights") for marketing and commercial purposes in connection with the promotion of you and/or BuddIn Services, including ancillary products, throughout the world, in all media for the duration of your use of BuddIn Service. If and to the extent such assets are created, produced, or manufactured during your use of BuddIn Services, the aforementioned rights to your Image Rights shall continue for such assets in perpetuity. You agree to waive any right of inspection or approval with respect to any materials created or used by BuddIn.
7. User-Generated Content
We allow users to distribute pre-recorded audiovisual works and utilize BuddIn Services, such as chat, bulletin boards, forum postings, voice interactive services, and participate in other activities where you may create, post, transmit, perform, or store content, messages, text, sound, images, applications, code, or other data or materials on the BuddIn Services ("User Generated Content" or "UGC").
Unless otherwise agreed to in a written agreement between you and REFINEMENT, signed by an authorized representative of REFINEMENT, by publishing, posting, displaying, submitting, and/or uploading any UGC in connection with the BuddIn Services, you grant REFINEMENT and its sub-licensees the permission, free, permanent, irrevocable, non-exclusive, and fully sublicensable rights and license, without any territorial or time limitations and without requiring any approvals or compensation, to use, copy, modify, adapt, publish, translate, edit, dispose of, create derivative works of, distribute, perform, and publicly display such UGC (in whole or in part), and/or incorporate such UGC into existing or future forms of work, media, or technology.
With respect to UGC, the rights granted by you will terminate once you delete such UGC from the BuddIn Services or close your account, except for (a) uses for promotional purposes; and (b) the reasonable time required to remove it from backup and other systems.
You shall be solely responsible for your UGC and the consequences of posting, uploading, publishing, transmitting, or otherwise making your UGC available on the BuddIn Services. You understand and acknowledge that you are responsible for any UGC you submit or contribute, and you, not us, have full responsibility for such UGC, including its legality, reliability, accuracy, and appropriateness. We are not responsible, nor liable to any third party, for the content or accuracy of any UGC made available by you or any other user of the BuddIn Services. We do not control the UGC you provide or contribute, nor do we make any guarantees related to UGC submitted or contributed by users. Although we occasionally review UGC provided or contributed by users, we are not obligated to do so. Under no circumstances will we be liable or responsible for any claim related to UGC provided or contributed by users.
You further agree that the UGC you provide to the BuddIn Services will not contain third-party copyrighted material or material subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to provide the material and grant to the BuddIn Services all of the license rights granted herein.
The BuddIn Services do not endorse any UGC by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and the BuddIn Services expressly disclaim any and all liability in connection with UGC.
8. Third-Party Content
In addition to the User Generated Content, the BuddIn Service may provide other third-party content on the BuddIn Services (collectively, the "Third-Party Content"). REFINEMENT does not control or endorse any Third-Party Content and makes no representations or warranties of any kind regarding the Third-Party Content, including, without limitation, its accuracy or completeness. Please be aware that we do not create, update, or monitor Third-Party Content. Therefore, we are not responsible for any Third-Party Content on the BuddIn Services.
You are responsible for deciding whether you wish to access or use third-party websites or applications that link from the BuddIn Services (the "Reference Sites"). REFINEMENT does not control or endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites, and makes no representations or warranties of any kind regarding the Reference Sites. Additionally, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the BuddIn Services are solely between you and such advertiser. Accessing and using Reference Sites, including the information, materials, products, and services on or available through Reference Sites, is solely at your own risk.
9. Idea Submission
By submitting ideas, suggestions, documents, and/or proposals to REFINEMENT or BuddIn Services or their employees ("Submissions"), you acknowledge and agree that REFINEMENT or BuddIn Services has the right to use or disclose such Submissions in any manner and for any purpose. No compensation or credit will be provided to you.
10. Prohibited Conduct
You agree to use the BuddIn Services solely for lawful purposes as expressly permitted and contemplated by these terms of use. You may not use the BuddIn Services for any other purposes, including commercial purposes, without obtaining prior written consent from us.
You agree to view the BuddIn Services and its content without alteration or modification. You acknowledge and understand that you are prohibited from modifying the BuddIn Services or removing any content within the BuddIn Services.
You agree not to use or attempt to use any method, device, software, or routine to harm others or interfere with the functioning of the BuddIn Services, or to use and/or monitor any information within or related to the BuddIn Services for any unauthorized purpose. Specifically, you agree not to use the BuddIn Services to:
(1) Violate any law (including, without limitation, laws related to torts, contracts, patents, trademarks, trade secrets, copyrights, defamation, obscenity, pornography, rights of publicity, or other rights) or encourage or provide instructions to others to do so;
(2) Post any content that depicts any person under 18 years of age, including CSEA (Child Sexual Exploitation and Abuse) and CSAM (Child Sexual Abuse Material). Should such activities be detected, we will take strict action against the responsible accounts, including potential collaboration with relevant government authorities. You can review our protective measures for minors in our "Child Safety Standards Policy";
(3) Post any content containing falsehoods or misrepresentations that could damage the BuddIn Services or any third party;
(4) Post any content that is obscene, illegal, unlawful, defamatory, libelous, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
(5) Post any content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of unauthorized solicitation;
(6) Post any content containing copyrighted materials, or materials protected by other intellectual property laws, that you do not own or for which you have not obtained all necessary written permissions and releases;
(7) Deploy or use programs, software, or applications designed to harm, interfere with the operation of, or access in an unauthorized manner, services, networks, servers, or other infrastructure;
(8) Exceed your authorized access to any portion of the BuddIn Services;
(9) Collect or store personal data about anyone;
(10) Obtain or attempt to access, or otherwise obtain, any content or information through any means not intentionally made available or provided for through the BuddIn Services;
(11) Exploit errors in design, undocumented features, and/or bugs to gain access that would otherwise not be available;
(12) Use any robot, spider, or other automatic device, process, or means to access the BuddIn Services for any purpose, including monitoring or copying any material on the BuddIn Services without our prior written consent;
(13) Use any manual process to monitor or copy any material on the BuddIn Services or for any other unauthorized purpose without our prior written consent;
(14) Introduce or upload any viruses, Trojan horses, worms, logic bombs, time bombs, cancelbots, corrupted files, or any other similar software, program, or material that is malicious, technologically harmful, or that may damage the operation of another’s property or the BuddIn Services; or
(15) Remove any copyright or other proprietary notices from the BuddIn Services or any of the materials contained therein.
11. Content Review and Termination
We reserve the right to:
(1) Remove any User-Generated Content (UGC) you provide or contribute to the BuddIn Services for any reason or no reason, at our sole discretion.
(2) Take any action regarding any UGC you provide that we deem necessary or appropriate at our sole discretion, including if we believe that such UGC violates these terms of use, infringes any intellectual property rights or other rights of any person or entity, threatens the personal safety of users of the BuddIn Services or the public, or could create liability for us.
(3) Take appropriate legal action, including, but not limited to, referral to law enforcement, for any illegal or unauthorized use of the BuddIn Services.
(4) Terminate or suspend your access to all or part of the BuddIn Services for any reason or no reason, including, but not limited to, any violation of these terms of use.
(5) Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court orders requesting or directing us to disclose the identity or other information of anyone providing any UGC on or through the BuddIn Services.
To maintain our services in a manner we deem appropriate for our venue and to the maximum extent permitted by applicable law, the BuddIn Services may, but are not obligated to, review, monitor, display, reject, refuse to post, store, maintain, accept, or remove any UGC posted by you. We may, at our sole discretion, delete, move, reformat, remove, or refuse to post or otherwise use UGC without notice or any liability to you or any third party in connection with our operation of the BuddIn Services in an appropriate manner. This may be done, without limitation, to address UGC that we believe is offensive, obscene, violent, harassing, threatening, abusive, illegal, or otherwise objectionable or inappropriate, or to enforce the rights of third parties, these terms of use, or any applicable additional terms.
However, we do not undertake to review UGC before it is posted on the BuddIn Services and cannot ensure the prompt removal of objectionable UGC after it has been posted. Therefore, we assume no liability for any action or inaction regarding transmissions, communications, or UGC provided by any user or third party.
12. Modification
BuddIn reserves the right to modify any provision of these Terms of Use by posting the updated Terms. Your continued use of the BuddIn Services after the effective date of the revised Terms of Use (as indicated by the date of the last revision) constitutes your acceptance of the revised Terms.
13. Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the BuddIn Services, their site operator, their parent corporation, their respective affiliates, licensors, service providers, officers, directors, employees, agents, successors, and assigns from and against any and all claims, damages, judgments, awards, obligations, losses, liabilities, costs, or debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the BuddIn Services; (ii) your violation of any term of these terms of use; (iii) your violation of any third-party right, including, without limitation, any copyright, property, or privacy right; or (iv) any claim that your UGC caused damage to a third party. This defense and indemnification obligation will survive these terms of use and your use of the BuddIn Services. You agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
14. Disclaimers
You use the BuddIn Services at your sole risk. We provide the BuddIn Services "as is" and "as available." To the fullest extent permitted by law, BuddIn Services, their site operator, and their respective officers, directors, employees, and agents expressly disclaim all warranties of any kind related to the BuddIn Services and goods or services purchased and obtained through the BuddIn Services, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You will be solely responsible for any damage to your computer system or loss of data that results from your use of the BuddIn Services.
We make no warranty or representation about the accuracy or completeness of the BuddIn Services’ content or the content of any sites linked to the BuddIn Services or that the BuddIn Services will meet your requirements and assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage of any nature whatsoever, resulting from your access to and use of the BuddIn Services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the BuddIn Services or our services by any third party, and/or (v) any errors or omissions in any UGC or for any loss or damage of any kind incurred as a result of the use of any UGC posted, emailed, transmitted, or otherwise made available via the BuddIn Services or our services; and (vi) disputes between you and another user of the BuddIn Services.
15. Limitation of Liability
Notwithstanding anything to the contrary contained herein, BuddIn’s cumulative liability to you arising from any cause whatsoever, and regardless of the form of the action, will at all times be limited to the charges (if any) paid by you. If no amounts were paid, you shall not be entitled to any monetary or equivalent remedy.
In no event shall we be liable to you for any incidental, indirect, punitive, statutory, exemplary, expectation, special, or consequential damages whatsoever (including damages for loss of profit, loss of goodwill, interruption, loss of business information, or any other financial loss) in association with any individual or class-action claim, or any loss, damage, action, suit, or other proceeding relating to or arising under or out of the terms of use, even if we have been notified of the possibility of such damages, whether the action is founded upon contract, infringement of intellectual property rights, tort, negligence, or other grounds.
You specifically acknowledge that the BuddIn services shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party, and that the risk of harm or damage from the foregoing rests entirely with you.
The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You agree not to file any lawsuit or proceeding inconsistent with the foregoing liability limitations.
16. Limitation on Time to File Claims
Regardless of any statute or law to the contrary, any cause of action or claim you may have arising out of or relating to these terms of use or the BuddIn services must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
17. Choice of Law and Dispute Resolution
These terms shall be governed by and construed in accordance with the laws of Japan, without regard to its conflict of law principles. In the event a dispute arises between the parties in connection with these terms of use, the parties shall first attempt to resolve the dispute through amicable consultations. If, however, the dispute remains unresolved within thirty (30) days following the initiation of such consultations, the parties agree that the dispute shall be submitted to the Japan International Arbitration Center in accordance with its rules in force at the time of filing for arbitration. The place of arbitration shall be Japan, and the arbitration will be conducted by a sole arbitrator. The language of arbitration will be English, and the arbitral award shall be final and binding upon both parties.
Notwithstanding any applicable rules of confidentiality or similar provisions in the arbitration rules, the parties agree to keep confidential all information related to the arbitration, including, but not limited to, the existence of the arbitration proceedings (or the potential for such proceedings), the proceedings themselves, all statements made during the proceedings, all documents and other information submitted by the parties in connection with the proceedings, all documents and information issued by the arbitrator and/or the arbitration center, and the arbitral award.
18. Miscellaneous
Failure to exercise or enforce any right or provision of these terms of use will not constitute a waiver of such right or provision. Any waiver of a provision of these terms of use will be effective only if it is in writing and signed by the relevant party.
If any provision of these terms of use is found to be unlawful, void, or unenforceable for any reason, that provision will be limited or eliminated to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
These terms of use, along with any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by BuddIn without restriction. Any attempted assignment in violation of these terms of use shall be void.
Upon termination of these terms of use, any provision that by its nature or express terms should survive, will remain in effect after such termination or expiration.
The terms of use, our Privacy Policy, and any documents that explicitly incorporate them by reference, constitute the entire agreement between you and us regarding the BuddIn Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the BuddIn Services.
The headings in these terms of use are for convenience only and have no legal or contractual effect.
No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is created by these terms of use.
We may terminate these terms of use at any time for any reason, or for no reason, by notifying you via a notice on the BuddIn Services, by email, or through any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder. Upon termination of these terms of use, you will no longer have access to your account or your UGC. We will not be obligated to assist you in migrating your data or UGC, and we may not retain any backup of your UGC. We will not be responsible for the deletion of your UGC. Note that even if your UGC is removed from our active servers, it may remain in our archives (but we have no obligation to archive or back up your UGC), and it is subject to the licenses set forth in these terms of use.